§ 52.38 CONFIDENTIAL INFORMATION.
   (A)   Information and data on an industrial user obtained from written reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the control authority that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. All claimed confidential information must be clearly marked “Confidential.” When requested by the person furnishing the report, the portions of a report which disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the Pretreatment programs, provided, however, that the portions of report shall be available for use by any local, state, or federal agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the control authority as confidential shall not be transmitted to any governmental agency until and unless a ten-day notification of intent to transmit is first given to the industrial user.
   (B)   All information with respect to an industrial user on file with the control authority shall be made available upon request by that user or the user's authorized representative during normal business hours.
(‘83 Code, § 54.10) (Ord. 89-009, passed 8-21-89)